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PUBLIC RECORD

OFFICE

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Reference :-

ITPL -co. 885

22 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

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referred a despatch, dated 6th March, 1912, from the Right Honourable the Prin- cipal Secretary of State for the Colonies, forwarding copies of a Convention for the gradual suppression of the abuse of opium and of morphine, cocaine and similar drugs, which was signed at the Hague on the 23rd of January, 1912.

The Minister recommends, with the concurrence of the Minister of Labour, that this Convention be adhered to by the Government of Canada.

The Minister submits copies of the Act passed by the Parliament of Canada on the 19th May, 1911, intituled “An Act to prohibit the improper use of Opium and other Drugs.”

The Minister observes that, in the opinion of the Minister of Labour, this Statute authorises the framing of regulations which would be sufficient to enable the Dominion Government to conform fully to the Convention. He would be glad to learn if the Statute in any respect falls short of this purpose.

The Committee, on the recommendation of the Secretary of State for External Affairs, advise that Your Royal Highness may be pleased to forward a copy hereof, together with the copies of the Statute in question, to the Right Honourable the Principal Secretary of State for the Colonies for the information of His Majesty's Government.

All which is respectfully submitted for approval.

RODOLPHE BOUDREAU,

Clerk of the Privy Council.

1 & 2 GEORGE V.

CHAPTER 17.

An Act to prohibit the improper use of Opium and other Drugs. (Assented to 19th May, 1911.)

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:—

Short title.

1.

2.

Definition,

"Drug."

"Opium."

**Importe." "Imported."

"Export." **Exporting."

"3lagistrate."

Importation,

po-ion of drugs.

This Act may be cited as The Opium and Drug Act.

In this Act, unless the context otherwise requires,-

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(a) "drug means and includes any substance mentioned in the Schedule to this Act; or which may be added thereto under the authority of this Act;

(b) "opium means and includes crude opium, powdered opium, and opium

prepared for smoking, or in any stage of such preparation;

(c)

imports" or imported" means and includes the bringing or con- veying, or the causing to be brought or conveyed, into Canada of any drug;

די

(d) * export or "exporting means and includes the taking or conveying, or causing to be taken or conveyed, out of Canada of any drug; (e)" magistrate means and includes any judge of the sessions of the peace, recorder, police magistrate, stipendiary magistrate, two justices of the peace, or any magistrate having the power or authority of two or more justices of the peace.

3. Every person who, without lawful or reasonable excuse, imports, manu- manufactare factures, sells, offers for sale, has in his possession, or takes or carries or causes to ale or be taken or carried from any place in Canada to any other place in Canada, any drug for other than scientific or medicinal purposes, shall be guilty of a criminal offence and shall be liable, upon summary conviction, to a fine not exceeding five hundred dollars and costs, or to imprisonment for a term not exceeding one year, or to both fine and imprisonment.

Penalty.

Smoking

4. Every person who smokes opium, or who, without lawful or reasonable and posses excuse, has in his possession opium prepared or being prepared for smoking, shall be guilty of a criminal offence and shall be liable, on summary conviction, to a fine not exceeding fifty dollars and costs, or to imprisonment for a term not exceeding three months, or to both fine and imprisonment.

sion of opium.

Penalty.

Being in

(2) Any person who, without lawful and reasonable excuse, is found in any house, room or place to which persons resort for the purpose of smoking or inhaling opium opium, shall be guilty of a criminal offence and shall be liable, upon summary con- viction, to a fine not exceeding one hundred dollars and costs, or to imprisonment for a term not exceeding one month, or to both fine and imprisonment.

resorts. Penalty.

5. Any person who deals in any drug, who gives, sells or furnishes any drug to Dealing in any person other than a duly authorized and practising physician, veterinary surgeon drugs. or dentist, or to a bonâ fide wholesale druggist, or to a druggist carrying on business in a bona fide drug store, or who neglects to make or preserve a proper record in a Excep- suitable book of the name and address of the physician, veterinary surgeon, dentist tions. or druggist to whom he gives, sells or furnishes any drug, and the date of such sale; and any druggist who gives, sells or furnishes any drug except upon a written order or prescription signed by a duly authorized and practising physician, veterinary surgeon or dentist, or who, without the authority of the prescribing physician, veterinary surgeon, or dentist, uses any prescription to sell any drug on more than one occasion, or who neglects to make or preserve a proper record in a suitable book of the name of the physician, veterinary surgeon or dentist signing such order or prescription, the date of filling the order or prescription, and in the case of a pre- scription the name of the person for whose use the prescription was granted, or who refuses to allow such record to be examined by any police officer, shall be guilty of a criminal offence and shall be liable, upon summary conviction, to a fine not Penalty- exceeding two hundred dollars and costs, or to imprisonment for a term not exceeding three months, or to both fine and imprisonment.

tions.

(2) Any physician who signs any prescription or order for the filling of which Prescrip- any drug is required, unless such drug is required for medicinal

purposes or is

pre- scribed for the medical treatment of a person who is under professional treatment by such physician, and any dentist or veterinary surgeon who signs any order for any drug, unless such drug is required for medicinal purposes in connection with his practice as a dentist or veterinary surgeon, shall be guilty of a criminal offence Penalty. and shall, upon summary conviction, be liable to a fine not exceeding two hundred dollars and costs, or to imprisonment for a term not exceeding three months, or to both fine and imprisonment.

6. Any person without lawful or reasonable excuse exporting or attempting Exporta- to export any drug to any country which prohibits the entry of such drug shall be tion of guilty of a criminal offence and shall be liable, upon summary conviction, to a fine druge. not exceeding five hundred dollars and costs, or to imprisonment for a term not exceeding six months, or to both fine and imprisonment.

7. If it be proved upon oath before any magistrate that there is reasonable Sourch cause to suspect that any drug is kept or concealed for any purpose contrary to this warrants. Act in any dwelling house, store, shop, warehouse, outhouse, garden, yard, vessel or other place such magistrate may grant a warrant to search by day or night any such place for such drug, and if such drug is there found, to bring it before him.

any

to be

When any person is convicted of an offence against this Act, the convicting Drugs and magistrate may adjudge and order, in addition to any other penalty or punishment, receptacles that the drug in respect of which the offence was committed, or which has been seized Beized under the search warrant as aforesaid, and all receptacles of

kind whatsoever destroyed. found containing the same, be forfeited and destroyed, and such order shall there- upon be carried out by the constable or peace officer who executed the said search warrant, or by such other person as may be thereunto authorized by the said convicting magistrate.

for three months

9. Any drug now in the custody of any court, and any drug that may be seized Drugs un for the violation of any law, shall be destroyed, unless such drug is claimed within claimed three months after the passing of this Act, or after such seizure as the case may be, and it is established to the satisfaction of the court that no offence has been com- destroyed, mitted in connection therewith, or unless the court otherwise orders, provided how- subject to ever that the provisions of The Customs Act shall apply to any drug unlawfully order. imported into Canada.

R.S., c. 48.

10. If any person charged with an offence against this Act pleads or alleges Burden of that he imported, manufactured, sold or offered for sale, or had in his possession, proof on any drug in respect of which the offence is charged, for scientific or medicinal offender. purposes, the burden of proof thereof shall be upon the person so charged.

11. One-half of any fine recovered from any person convicted of an offence Disposi- against this Act may be paid to the person giving information leading to such tion of conviction, if so directed by the magistrate.

tines.